Acţiunea civilă în procesul penal (I). Aspecte introductive. Constituirea ca parte civilă
Civil action in criminal proceedings (I). Introductory aspects. Establishment as a civil party

Summary/Abstract: The civil action in criminal proceedings represents the set of procedural means provided by law for the protection of the subjective right violated by committing the crime that caused material and/or moral damage, as well as for ensuring the defence of the parties in the process from the aspect of the civil side. Within this set of procedural means, joining the criminal proceedings as a civil party represents the legal instrument by which the injured party or his successors notify the judicial body (the prosecutor or, as the case may be, the court) and request the resolution, within the criminal proceeding, of the civil action whose object is to the tortious civil liability of the person/persons responsible, according to the civil law, for the damage caused by committing the act that is the subject of the criminal action. Judicial bodies are required, on the one hand, to inform the injured party of the right to be a civil party in the criminal proceedings (providing complete information regarding the terms stipulated by the law and the penalty for non compliance with them) and, on the other hand, to verify immediately if the manifestation of the will of those entitled to be a civil party complies with the requirements imposed by the law, pronouncing an ordinance or, as the case may be, a court order in this sense.

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